It is not without some irony that we see the Supreme Court of the United States virtually abolish affirmative action from the admission process of higher education in the United States ten days after the national celebration of Juneteenth, a holiday meant to observe the point in history when all Black people in America were no longer enslaved.
In walks the Roberts Supreme Court – and it should be noted that Justice Roberts has been a visceral foe of affirmative action back to his days as a young attorney in the United States Department of Justice. And would seem that today, Roberts along with the proto-conservative majority of the Supreme Court have achieved the pinnacle of their dreams. Namely, to remove any vestiges of the higher education infrastructure related to equity, diversity and fairness.
The argument against affirmative action had two points. The first is that affirmative action in higher education managed to disadvantage white applicants to college in favor of Black and Latino candidates. The second is that while there may have been a need for affirmative action to rectify past injustices, there is no longer a need for such supportive measures.
Where to begin? First, the argument that every Black or Latino student admitted to an institution utilizing affirmative action was somehow displacing an otherwise qualified white (or Asian) applicant presumes that the myth that affirmative action results in unqualified Black and Latino students. The record of accomplishment Black graduates from the various institutions – like Barack Obama, Michelle Obama, Eric Holder and, of course, Clarence Thomas) gives a lie to the that incredibly racist presumption.
The argument that there is no need for affirmative action since slavery was abolished 158 years ago there are no direct descendants of that national atrocity. One might present that argument to the children of Eric Garner or George Floyd and to the spirit of Trayvon Martin as to whether there is no longer a need for more progress in America when it comes to institutional racism.
An especially obnoxious argument that better qualified white and Asian students are falling victim to affirmative action as if SAT scores are the only indicia of qualification. Indeed, many universities are no longer requesting SAT scores because in point of fact the SAT examinations only quantify test taking ability and are not a useful predicate of future performance in college.
The notion that “studying hard” is reflecting in standardized exam scores is a fallacy. The reality is that many teenagers (the overwhelming majority of freshman candidates for college) don’t really discover their full set of skills and proficiency when they enter college. And any competent college admissions officer will tell you that high school may indicate potential as well as proficiency, but there are simply no absolutes in this process.
Without rinsing racial prejudices out of the process through affirmative action, too many college admissions officers will go with proficiency instead of also taking potential into account. Certainly, at the end of the day college admissions is a very subjective process and recognizing that Black students live in a country which has an historical tradition of placing obstacles in their progress is both historically accurate and logical.
It also has to be noted that this decision is the very real property of all of the men and women who voted for Jill Stein in 2016 and Bernie Sanders in 2016 thereby providing Donald Trump the slim margin which allowed him to become president and nominate the three Supreme Court justices who provided the supermajority which resulted in this abomination of a court decision.
Those who voted for Stein and Sanders should hang their heads in shame because Trump told everyone that he would appoint judges to abolish affirmative action and abortion. And the Stein and Sanders voters either were ignorant of his campaign promises or didn’t care. Either way they are complicit in today’s judicial atrocity.
In that regard, please note that Cornel West and Robert F. Kennedy, Jr. are running for president. There can be no doubt that the only votes that they will get will be votes that almost certainly have gone to Joe Biden.
By now, with Ralph Nader and Jill Stein as reminders, we have seen this movie before.
Let us hope that West and Kennedy will for once, put the integrity of this nation ahead of their own egos.
Otherwise, in a few years’ time today’s Supreme Court decision will be looked as part of the good old days.